Bridgeton pioneer., 1887-05-12
NO. 2O42

Gould, charged with an assault on his
wife, plead not guilty, but reserved the
right to retract it and enter any other
plea he might determine wise later.
Similar pleas were entered by Eli
Smith, charged with assault ..and bat
terry, and Jonathan Hand. indicted
for breaking and entering, and also
for rape. w. HI. Randolph, who de-
clared himself ''the worst prosecuted
man of the nineteenth century, also
pleaded not guilty to an Indictment
for breaking and entering, and
wanted to defend himself SO that he
could show up the character of his
wife, The Court induced him to
accept the service of counsel and as he
had no means of securing one, ap-
pointed Thomas Trenchard, ESQ.,, to
perform that pleasant duty.
The only plea of guilty was entered
by David Williams, charged with lar
ceny, and he was remanded for SEN
tence.
No bills having been found against
Alfred Moore, John Doyle, John Mich
OILS, and james Spencer they were dis
charged from custody just in time to
| see the circus.
After the rendition of the verdict in
the Newcomb- -Downam case as above
stated, there being no other business,
Court was adjourned until next Tues
| day morning at 10 o'clock.
TUESDAY MORNING.
| The second week of the present term
| of Court was inaugurated in usual form,
/, and promptly at ten o'clock Monday
morning, Judges Reed, Hampton and
Stratton on the bench, Judge Doughty
| coming in sometime later.
| The attendance of curiosity seekers
was not nearly as great as on the
opening day a week ago, and was
| largely made up of a class of people
who evidently came to the court room
| more to escape the inclement weather
| than from any direct interest in court
| matters.
| The bar was fully represented, as the
early morning was given up to the call
of the calendar in Appeals to Common
Pleas" to the making of motions and
business in the Orphans Court
Inthe matter of Alex Gould, indicted
for assault with intent to kill, and as
reported last Friday, who entered
plea of not guilty on arraignment with
| leave to withdraw, etc. j. L. Van
Syckel, his attorney, said that his
| client would plead guilty, and he
desired the privilege of introducing
witnesses to show matters of agrava-
ton to the assault, and asked that he
be allowed to do this. The Court ac-
quiesced, and witnesses on this point
on both sides will be heard at some
trial to be agreed upon hereafter.
Lawyer Mitchell, and J. Boyd Nixon
took rules in matters in which they
were interested, and then the calendar
in Appeal causes was called and the
cases properly marked for hearing,
continuance or as settled. The case of
John G. Callahan, appellant VS.. VIM.
| K. Newton, appellee, which came up
from Justice Riley's Court, and known
| as the ''Oleomargarine case" was the
| first one heard, it being taken up out
| of its regular order to accommodate
Attorney Joline, who desired to return
to Camden at the earliest possible
| moment. The case was submitted in
the testimony given in the Court be-
low, but Frank M. Porch, Esq, who
| appeared for Appellant Callahan made
a statement of his position, claiming
| that in no instance, as the testimony
submitted would show, had his client
| ever deceived a person concerning the
| nature of the article sold, and that
| when the State agent made the pur-
chase on which the present case is
| founded, he explicitly told said agent
| that the package in question was oleo.
margarine, that Callahan has paid his
| tax permitting him to sell oleomargar-
! inc, and had never broken the law in
| any feature, by his sale of such sub
stances. In view of the fact then, his
client was entitled to the Judgment of
this Court
He was followed by Mr.. Joline, who
insisted that Mr.. Porch had failed to
appreciate the position of his client, in
| that Mr.. Callahan was not sued under
the twelfth section of the law, referred
to by Mr.. Porch, but under the first
and third sections, wherein it was for
hidden to sell oleomargarine or butter
inc, except from a firkin, tub, pail or
other similar package, and that this
sale of Callahan's was of single separ-
ate pound, not taken from such pack
age as is named in the law, and is there
fore liable under the law. He cited the
decision of the District Court of Jersey
City, and also one made by Judge
PaaJ bi,ncalf Aflap oountxy saI